Difference between Detention, Arrest and Custody
Summary
TLDRIn her presentation, Dr. Priya Sabaha clarifies the distinctions between detention, arrest, and custody within the criminal justice system. Detention is defined as the temporary holding of an individual by law enforcement based on reasonable suspicion without formal charges. Arrest occurs when the police take a person into legal custody due to evidential support of criminal activity. Custody refers to the conditions under which a detained individual is held and can be of two types: police custody (short-term for interrogation) or judicial custody (long-term ordered by the court). Each has specific legal implications, rights protected under law, and varying durations.
Takeaways
- ๐จ Detention involves holding someone without charges.
- ๐ฎ Arrest requires evidence of a crime to take someone into custody.
- โ๏ธ Custody relates to how individuals are monitored post-arrest.
- โณ Detention is usually short-term; arrest can lead to legal proceedings.
- ๐ Police custody allows for interrogation; judicial custody does not usually permit it.
- ๐ Arrest records exist, whereas detention does not record criminal history.
- ๐ฅ Private individuals can make arrests under specific situations.
- ๐๏ธ Police custody can last up to 24 hours; judicial can extend to 90 days.
- โ๏ธ Individuals have rights during detention and arrest to legal counsel.
- ๐ Police custody is more immediate; judicial custody involves a judge's oversight.
Timeline
- 00:00:00 - 00:09:51
Dr. Priya Sabaha explains the differences between detention, arrest, and custody in the criminal justice system. Detention occurs when police hold an individual under suspicion without formally charging them, requiring reasonable suspicion and a limited duration. Arrest involves taking someone into custody based on sufficient evidence of a crime, and can be carried out by police, magistrates, or private citizens. Custody refers to the right of law enforcement or judicial authorities to restrict an individual's movement, with two types: police custody (up to 24 hours) and judicial custody (up to 60-90 days). Detention is less serious, while arrest and custody hold more significant legal implications and may involve interrogation and legal representation.
Mind Map
Video Q&A
What is detention?
Detention is when police hold someone under suspicion without charging them with a crime, temporarily restricting their liberty.
What defines an arrest?
An arrest is the legal action taken to take someone into custody based on credible evidence of a crime.
What is the difference between police custody and judicial custody?
Police custody is immediate custody by police for interrogation, while judicial custody is ordered by a judge and can last longer.
Can anyone make an arrest?
Yes, arrests can be made by police, magistrates, or even private individuals under certain conditions.
What is the duration of police custody?
Police custody typically lasts no longer than 24 hours without being presented before a judge.
How long can judicial custody last?
Judicial custody can last up to 90 days for serious crimes or up to 60 days for other offenses.
What rights do individuals have during detention or arrest?
Individuals have the right to legal counsel during police interrogation and protections against unlawful detention.
Is there a criminal record for detention?
There is no criminal record for detention, but there is for arrest.
What happens after detention?
After detention, a person must either be released or formally arrested.
How long can someone be held in custody?
In police custody, it is typically up to 15 days; in judicial custody, it can be up to 60 or 90 days depending on the case.
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- detention
- arrest
- custody
- criminal justice
- law enforcement
- legal rights
- police custody
- judicial custody
- due process
- legal definitions